How to calculate compensation for unused leave for dismissal
If you have not usedvacation for a full year, you are entitled tocompensation 28 calendar days. The same compensation is due to you if you have worked from 11 to 12 months. Determine the time for which you were not givenvacation and for whichvacation rely That is, you need to take away the time worked: a) the days when you were not at work or you were suspended from work; b) periodsvacation at their own expense, if their total number is more than 14 days.
Calculate what years you have not usedvacation. Be guidedat This is for workers, not for calendar years. Onat measures, you started working on June 25, 2010, then the first working year for which it is supposedvacation. will end on June 24, 2011. We will give an illustrativeat measures: You have worked 2 full working years and 2 months. ATvacation e was not and decided to quit. You are entitled to compensation for 28 28 = 56 days. But there are still 2 waste month. If the surplus days are less than half of the month, they do not take into account. So, compensation is payable for 56 days 28 days 12 months * 2 = 60,66 calendar days. Rounded to 61 days.
The amount of compensation is calculated according to the average earnings (number of days multiplied by average daily salary). Average wages are calculated by the numbers of payments for the last three months of work. Compensation you will be able to receive on the last working day, the day of dismissal.
Compensation is not paid in the following cases: you as an external part-time worker were transferred to the main place of work (it was transferred); if the term worked is less than half a year; if you worked without a labor agreement, a contract. You can refusevacation or compensation at the insistent request of the employer, but remember that the agreement enshrining the waiver ofvacation a, is illegal and will be considered invalid. It can be appealed at any time in court.